Terms and Conditions
MedImmune, Inc. provides the materials on its websites for general informational, educational, and disease awareness purposes. Although accessible by others, the websites and their contents are primarily intended for access and use by U.S. residents.
Please carefully read these Terms and Conditions that apply to your access and to the use of this website. By accessing or using the website, you agree to be bound by these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, please discontinue access and use of the website. We reserve the right to revise these Terms and Conditions at any time. Your continued use of this website after we post revised Terms and Conditions, which will be reflected by the “updated date” at the bottom, signifies your acceptance of the revised Terms and Conditions. Therefore, it is important to check the Terms and Conditions each time you visit any MedImmune websites. We may, in our sole discretion, terminate your access to the website or certain features at any time and without notice, including, without limitation, due to any violation by you of these Terms and Conditions. The download and use of RSS feeds from this website is subject to our RSS Feed License terms. The download and use of digital audio and/or video content and/or podcasts from this website is subject to our Podcast License terms. In the event of any conflict between these Terms and Conditions and the RSS Feeds License and/or the Podcast License, these Terms and Conditions control.
The website contains information concerning MedImmune and its products and services including Synagis®, FluMist® and Ethyol® and others and general information regarding health conditions MedImmunes’ products treat that may be useful to our customers, patients, investors, employees and shareholders as well as potential employees and the general public. MedImmune makes no representations or warranties and assumes no responsibility or liability as to the accuracy, completeness, reliability or usefulness of any information contained on the website. Further, MedImmune expressly disclaims any obligation to update or correct information contained on the website and explicitly disclaims any duty to do so. MedImmune assumes no liability or responsibility for any errors or omissions in the content of the website. MedImmune reserves the right to make additions, deletions or modifications to the information or materials on the website at any time and in any way without notice.
Modifications to These Terms & Conditions
MedImmune may modify these Terms & Conditions or any portion of them at any time and in any way with or without notice to you by updating this posting. Your use of this website is subject to any such revisions and you should periodically visit this page to review the current Terms and Conditions that apply to your use of this website. Your continued access to or use of this Site and/or any services offered through it shall be your conclusive acceptance of these Terms & Conditions, including any modifications.
The Website Does Not Provide Medical Advice or Instructions on Product Use
The information presented on this website is not intended to provide medical advice or to provide instructions on the use of our products, and should not be relied upon as the basis of any health-care decision. This information is not intended to replace informed medical advice from your qualified health-care provider regarding any questions or concerns you may have about your health or about the potential beneficial uses and possible adverse effects of any health-care product.
Forward Looking Statements
The statements in this website that are not descriptions of historical facts may be forward-looking statements. Those statements involve substantial risk and uncertainties. You can identify those statements by the fact that they contain words such as “anticipate,” “believe,” “estimate,” “expect,” “intend,” “project” or other terms of similar meaning. These statements reflect beliefs of management that were current at the time they were made and were based on numerous assumptions which MedImmune cannot control and which may not develop as MedImmune expects. Consequently, actual results may differ materially from those projected in the forward-looking statements. Among the factors that could cause actual results to differ materially are: Seasonal or other varying demand for and continued supply of our principal products; availability of competitive products in the market; availability of third-party reimbursement for the cost of our products; effectiveness and safety of our products; exposure to product liability, intellectual property or other types of litigation; foreign currency exchange rate fluctuations; changes in generally accepted accounting principles; growth in costs and expenses; the impact of acquisitions, divestitures and other unusual items; and the risks, uncertainties and other matters discussed elsewhere in this website and in our periodic reports filed with the U.S. Securities and Exchange Commission. MedImmune cautions that RSV season usually starts in the fall and continues into spring; MedImmune believes its operating results will reflect that seasonality for the foreseeable future. MedImmune is also developing several products for potential future marketing. There can be no assurance that such development efforts will succeed, that such products will receive required regulatory clearance or that, even if such regulatory clearance were received, such products would ultimately achieve commercial success.
Limited Right of Use/Ownership of Contents
All content of the MedImmune website is protected to the fullest extent possible by U.S. and international copyright, trademark and all other applicable intellectual property laws and is owned or controlled by MedImmume or a party credited as the provider of specific content. You may not copy, modify, adapt, upload, download, post, transmit, republish translate, exhibit, display, perform, distribute, participate in the transfer or sale of, create derivative works from, reverse engineer, decompile or dissemble or in any way exploit any of the content, including without limitation the HTML or other software instructional code, contained in, or forming part of, our website, in whole or in part, without our prior written permission except for your own personal, non-commercial purposes or other activities taken in strict accordance with the RSS Feed License or the Podcast License. Nothing contained in this website, except for the RSS Feed License or the Podcast License shall be construed as granting a license or other rights under any patent, trademark, copyright or other intellectual property of MedImmune or any third party. Please be advised that MedImmune actively enforces its intellectual property rights to the fullest extent allowed by applicable laws.
The prohibitions discussed in the paragraph above, include, but are not limited to, a prohibition on scraping or using any “robot,” “bot,” “spider,” “data mining,” “computer code” or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the website or any data or content found on or accessed through the website , without our prior written permission. In addition, linking to any page other than the MedImmune home page at www.medimmune.com (also known as deep linking) is prohibited except when done in conformity with the RSS Feed License or Podcast License.
Synagis®, FluMist® and Ethyol® are registered trademarks of MedImmune, Inc. All other registered trademarks and trademarks are property of their respective owners.
Non-Endorsement, Discretion to Post, and Limited Rights Regarding User-Posted Content
Information and postings on forums, comment areas, blogs or other interactive features may be provided by our staff as well as website users, many of whom may use anonymous screen names and are people not otherwise connected with us. MedImmune is not responsible for the content of any communication submitted or posted by website users to any features publicly viewable on the website, such as blogs, other interactive content or submitted material viewable on the Thrive Network, nor do we guarantee the truthfulness, accuracy or validity of any posted communication. Any action you take or do not take based upon information posted to the website’s interactive features, including, but not limited, to medical, investment, trading, employment or other decisions, is done at your own risk.
By submitting communications or content to any interactive part of this website, you agree that such submission is non-confidential for all purposes. We encourage you to not include personally identifiable information in such posts. We reserve the right (but assume no obligation) to monitor any submissions or postings and delete, move or edit any content that we consider inappropriate or unacceptable for any reason. You shall not submit any communication or content that infringes or violates any right of any party, including communications that contain profanity, are defamatory, harassing, threatening, inflammatory, obscene, pornographic, invasive of privacy, illegal or otherwise encourages illegal activity, would violate the rights of others, give rise to liability or that is intended as a sales pitch for other products or services. Where we do moderate interactive features such as blogs, we will review comments and postings for relevance, topicality and appropriateness and we may withhold or remove postings for any reason, within our sole discretion. We are unlikely to post comments relating to ongoing legal matters or regulatory issues. The posting of submissions that are selected for publication will be delayed during our review process. We may forward some comments to MedImmune employees for follow-up.
We reserve the right to republish any material contributed by website visitors. By posting a message in any public area of the Site or submitting any correspondence to us, you expressly grant us a global nonexclusive license to publish, reproduce, sell, disclose, distribute or use such material for any purpose whatsoever. You hereby further grant us the global nonexclusive right to use any ideas, concepts or techniques embodied in such materials for any purpose whatsoever. In addition, you hereby waive any and all moral rights you may have in any such materials. Further, you hereby authorize us to edit and otherwise modify any such material prior to our use, publication, distribution, sale, reproduction or disclosure thereof. You also agree that all such material will be deemed to be provided to us on a non-confidential and non-proprietary basis. Material that is copyright protected may not be submitted without permission from the copyright owner, and you are solely responsible for the failure to obtain any such permission. As further explained in our privacy policy, we will also comply with any legal requests to disclose any submissions, communications or postings to others, including to law enforcement agencies and your information may be otherwise be used or disclosed consistent with the privacy policy.
No Offer to Invest or Deal in Securities
Nothing on this website constitutes or is intended to constitute an invitation or offer to invest or deal in the securities of MedImmune.
Third Party Sites and Linking
We have provided links to certain other third party websites merely as a convenience for users of the MedImmune, Inc. website. These websites are maintained on third party servers and are not under the control of MedImmune. We do not control the material on such third party websites. Access to such third party websites is at the user’s own risk and MedImmune is not responsible for its accuracy or reliability. Inclusion of such links to third party websites does not constitute an endorsement, approval, or guarantee the accuracy of the contents of any linked websites, including any of the opinions and predictions of any financial analysts with respect to MedImmune or any of its securities. We expressly disclaim any responsibility for the content of any third party websites linked to our website. We urge you to use discretion when you access any third party websites linked to our website.
Privacy
Personal information you provide to us is subject to our Privacy Policy, as updated from time to time, which is available at http://www.medimmune.com/privacy_policy.aspx.
Indemnification
By accessing and/or using the Website, you agree to indemnify, defend and hold MedImmune, our subsidiaries, affiliates and parents, and their respective officers, directors, employees, members, agents, representatives, business partners, information providers, licensors and licensees and their respective heirs and assigns (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs, including, without limitation, reasonable attorneys fees and expenses, incurred by the Indemnified Parties in connection with any claim arising out of, or breach by you of, these Terms and Conditions, the RSS Feed License terms, the Podcast License terms or from your unauthorized use of this website. You agree to cooperate as fully as reasonably required in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not enter into any settlement agreement that affects the rights of any of the Indemnified Parties or requires the taking of any action by any of them, without our prior written approval.
Disclaimer of Warranties and Liability
THE CONTENT ON THE MEDIMMUNE, INC. WEBSITE IS PROVIDED “AS IS” “WITH ALL FAULTS” AND “AS AVAILABLE” AND MEDIMMUNE MAKES NO REPRESENTATIONS OR WARRANTITES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, CREATED BY LAW, CONTRACT OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. MEDIMMUNE MAKES NO REPRESENTATION OR WARRANTY THAT ACCESS TO THE WEBSITE WILL BE AVAILABLE ON A CONTINUOUS BASIS, WILL BE UNINTERRUPTED, OR THAT THE INFORMATION CONTAINED ON THE WEBSITE WILL BE TIMELY, COMPLETE OR ERROR FREE.
EACH PERSON ASSUMES FULL RESPONSIBILITY AND ALL RISKS ARISING FROM ACCESS AND USE OF THE WEBSITE. IN NO EVENT SHALL ANY OF MEDIMMUNE, OUR SUBSIDIARIES, AFFILIATES AND PARENTS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, AGENTS, REPRESENTATIVES, BUSINESS PARTNERS, INFORMATION PROVIDERS AND LICENSORS AND THEIR RESPECTIVE HEIRS AND ASSIGNS BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL (INCLUDING LOSS OF PROFIT), PUNITIVE OR OTHER DAMAGES ARISING FROM OR IN CONNECTION WITH THE EXISTENCE, ACCESS OR USE OF THE WEBSITE OR THE INABILITY TO USE OR LOSS OF DATA CONTAINED WITHIN THE WEBSSITE, REGARDLESS OF WHETHER MEDIMMUNE OR ANY OF THE OTHER ENTITIES OR PERSONS LISTED ABOVE HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. IN STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, MEDIMMUNE’S LIABILITY, AND THAT OF ITS SUBSIDIARIES, AFFILIATES OR PARENTS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, BUSINESS PARTNERS, INFORMATION PROVIDERS AND LICENSORS AND THEIR RESPECTIVE HEIRS AND ASSIGNS IS LIMITED TO THE FULLEST EXTENT ALLOWED BY SUCH STATES’ LAWS.
We do not warrant that the functions or informational materials contained in or accessed through out website are free of computer viruses or other harmful components. Although we make a good faith effort to update the content of our website periodically, we do not have a duty to update information contained in our website, and we will not be liable for any failure to update such information.
MedImmune assumes no responsibility or liability arising from the content of the website nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within the website or accessed through the website.
MedImmune Website Copyright Infringement Policy
MedImmune respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. MedImmune has the right to terminate the access of infringers to interactive features.
Miscellaneous
These terms and conditions constitute the entire agreement between you and MedImmune and govern your use of the website and any information or services offered on the website. This agreement supersedes any prior terms of use or other agreements between you and MedImmune concerning use of this website.
These terms and conditions are governed by and shall be construed in accordance with the laws of the State of Maryland without regard to its conflict of law provisions. By accessing or using this Site, you agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the State of Maryland for resolution of any disputes arising out of or relating to these terms and conditions or your use of the website. You agree that, except as expressly provided herein (and other than MedImmune and its affiliates), there shall be no third party beneficiaries of these Terms of Use.
The failure by us to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision, and no waiver shall be enforceable unless in writing and signed by the party against whom enforcement is sought.
If any portion of this Agreement is held to be unenforceable, the unenforceable portion will be construed in accordance with the relevant law to as nearly as possible reflect the original intentions of the parties and the remainder of the agreement will be enforced as written.
Thank you for visiting our website. If you have questions or comments regarding this website, please Contact Us.
Updated August 2009
